South Carolina General Assembly
109th Session, 1991-1992

Bill 4129


                    Current Status

Introducing Body:               House
Bill Number:                    4129
Ratification Number:            312
Act Number:                     289
Primary Sponsor:                McElveen
Type of Legislation:            GB
Subject:                        Municipal election to county
                                election commission
Date Bill Passed both Bodies:   Mar 11, 1992
Computer Document Number:       436/11997.DW
Governor's Action:              S
Date of Governor's Action:      Mar 12, 1992
Introduced Date:                Jan 14, 1992
Date of Last Amendment:         Mar 11, 1992
Last History Body:              ------
Last History Date:              Mar 12, 1992
Last History Type:              Act No. 289
Scope of Legislation:           Statewide
All Sponsors:                   McElveen
Type of Legislation:            General Bill

History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4129  ------  Mar 12, 1992  Act No. 289
 4129  ------  Mar 12, 1992  Signed by Governor
 4129  ------  Mar 12, 1992  Ratified R 312
 4129  House   Mar 11, 1992  Concurred in Senate
                             amendment, enrolled for
                             ratification
 4129  Senate  Mar 11, 1992  Amended, read third time,
                             returned with amendment
 4129  Senate  Mar 11, 1992  Reconsidered vote whereby
                             given third reading
 4129  Senate  Mar 11, 1992  Read third time, returned to
                             House with amendment
 4129  Senate  Mar 10, 1992  Amended, read second time,
                             unanimous consent for third
                             reading on Wednesday, March
                             11, 1992
 4129  Senate  Mar 10, 1992  Recalled from Committee         11
 4129  Senate  Mar 03, 1992  Introduced, read first time,    11
                             referred to Committee
 4129  House   Feb 27, 1992  Read third time, sent to
                             Senate
 4129  House   Feb 27, 1992  Amended
 4129  House   Feb 26, 1992  Amended, read second time
 4129  House   Feb 19, 1992  Committee Report: Favorable     25
                             with amendment
 4129  House   Jan 14, 1992  Introduced, read first time,    25
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(R312, H4129)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-15-145 SO AS TO AUTHORIZE MUNICIPALITIES TO TRANSFER AUTHORITY FOR CONDUCTING MUNICIPAL ELECTIONS TO THE COUNTY ELECTIONS COMMISSION AND AUTHORIZE COUNTY ELECTIONS COMMISSIONS TO CONDUCT MUNICIPAL ELECTIONS, AND AS A CONDITION OF THE TRANSFER OF THIS AUTHORITY THE GOVERNING BODIES OF THE MUNICIPALITY AND THE COUNTY MUST AGREE TO THE TERMS OF THE TRANSFER AND ENACT ORDINANCES EMBODYING THE TERMS OF THAT AGREEMENT; TO PROVIDE FOR 1992 ONLY THE DATES FOR FILING OF ALL CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY, POLITICAL PARTY CONVENTION, OR PETITION IS BETWEEN NOON JUNE FIRST AND NOON JUNE TWENTY-FIFTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-11-210 FOR 1992 ONLY THE DATE FOR FILING THE NOTICE OF CANDIDACY AND PLEDGE IS BY NOON JUNE TWENTY-FIFTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-40 FOR 1992 ONLY THE DATE FOR PRIMARY ELECTIONS IS THE FOURTH TUESDAY IN AUGUST; TO CHANGE FOR 1992 ONLY THE DATES FOR FILING FOR OFFICE, FILING THE NOTICE OF CANDIDACY, AND THE DATE FOR PRIMARY ELECTIONS FOR CANDIDATES FOR SCHOOL BOARD WHOSE PRIMARY ELECTIONS COINCIDE WITH THE GENERAL PRIMARY ELECTION ESTABLISHED BY SECTION 7-13-40; FOR 1992 ONLY TO PROVIDE THAT IF RUN-OFF PRIMARY ELECTIONS ARE NECESSARY THEY MUST BE HELD ON SEPTEMBER 8, 1992, NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-350 THE RESULTS OF ALL ELECTIONS MUST BE CERTIFIED TO THE APPROPRIATE ELECTION COMMISSIONERS BY 12:00 NOON ON SEPTEMBER 18, 1992.

Be it enacted by the General Assembly of the State of South Carolina:

Municipalities may transfer authority

SECTION 1. The 1976 Code is amended by adding:

"Section 5-15-145. (A) Municipalities are authorized to transfer authority for conducting municipal elections to the county elections commission. County elections commissions are authorized to conduct municipal elections.

(B) As a condition of the transfer of authority to conduct elections pursuant to this section, the governing bodies of the municipality and the county must agree to the terms of the transfer and enact ordinances embodying the terms of that agreement. The municipal ordinance must state what authority is being transferred and the county ordinance must accept the authority being transferred."

1990 Census adopted

SECTION 2. Section 1-1-730 of the 1976 Code is amended to read:

"Section 1-1-730. The United States Census of 1990 is adopted as the true and correct enumeration of the inhabitants of this State, and of the several counties, municipalities, and other political subdivisions of this State."

Filing dates changed for 1992

SECTION 3. Notwithstanding the provisions of Section 7-11-15 of the 1976 Code, for 1992 only, the dates for filing for all candidates seeking nomination by a political party primary, political party convention, or petition is between noon June first and noon June twenty-fifth.

Date for filing notice of candidacy changed for 1992

SECTION 4. Notwithstanding the provisions of Section 7-11-210 of the 1976 Code, for 1992 only, the date for filing the notice of candidacy and pledge is by noon on June twenty-fifth.

Primary election date changed for 1992

SECTION 5. Notwithstanding the provisions of Section 7-13-40, Code of Laws of South Carolina, 1976, for 1992 only, the date for primary elections is the fourth Tuesday in August.

School board elections changed for 1992

SECTION 6. Notwithstanding any other provision of law, for candidates for school board whose primary elections coincide with the general primary election established by Section 7-13-40 of the 1976 Code:

(1) for 1992 only, the dates for filing for all candidates seeking nomination by a political party primary, political party convention, or petition is between noon June first and noon June twenty-fifth;

(2) for 1992 only, the date for filing the notice of candidacy and pledge is by noon on June twenty-fifth; and

(3) for 1992 only, the date for primary elections is the fourth Tuesday in August.

Run-off election dates changed for 1992

SECTION 7. For elections held in 1992 only, if run-off primary elections are necessary they must be held on September 8, 1992. Notwithstanding the provisions of Section 7-13-350, Code of Laws of South Carolina, 1976, the results of all elections must be certified to the appropriate state or county election commissioners by 12:00 noon on September 18, 1992.

Time effective

SECTION 8. This act takes effect upon approval by the Governor.

In the Senate House March 12, 1992.

Nick A. Theodore,

President of the Senate

Robert J. Sheheen,

Speaker of the House of

Representatives

Approved the 12th day of March, 1992.

Carroll A. Campbell, Jr.,

Governor

Printer's Date -- March 26, 1992 -- S.

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